Kern v. Blethen-Coluni

Meter, RJ.

(concurring in part and dissenting in part). While I agree with the majority that a remand to the trial court in this case is necessary, I disagree with the majority regarding the actions the trial court must take on remand. The majority concludes that a remand is necessary so that the trial court can (1) conduct a trial on the issue of plaintiff’s damages related to the “serious impairment of body function,” and (2) make a finding regarding whether plaintiff sustained a “permanent serious disfigurement” and, if appropriate, conduct a trial on plaintiff’s damages related to this…